Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-03-05
SENATE.

Clerks at the desk.
The Chair announced that unless Senators re-
turned to the Secretary of State any Codes in
their possession belonging to the State, the value
of the same would be deducted from their per
diem.
White moved to postpone consideration of the
reports in the Ryland- Conklin contest until
Monday next at $50 P. NJ.
Abbott moved as a substitute that that the Ry
land-Conkin contest be considered at once.
Pending vote on the substitute call Of the
Senate was had.
II was evident that some of the Republican
Senators were not aware of the fact that there
existed majority in favor of retaining Conklin
Republican, in his seat and consequently they
favored the postponemeDt. Others, realizing
the fact that If the matter were to go over until
Monday il would be possible to defeat Conklin's
chances of retaining his seat, strenuously OPP
posed postponement.
White got the floor shortly before tlfe noon
hour, and spoke until the recess was ordered.
Afternoon Session.
On reassembling number of Senators were
found TO be absent, and call of the Senate was
had.
On resuming business the roll was called on
Abbott's substitute, to at once proceed with the
consideration of the subject. The substitute
was lost-ayes 16; noes, d.
Whites motion then prevailed
Goucher moved TO take up his motion to re-
consider the vote whereby the Glenn county
bill had been denied second reading.
Clunie moved as a substitute to teke up the
motion to reconsider the vote whereby the
debris-dam bill was passed.
Walrath moved to amend by indefinitely post
p9ning the motion to reconsider the vote
whereby the debr1s-dam bill was passed. With
drawn.l
Goucher withdrew his motion.
Ciunies substitute was carried-ayes, 81; noes,
10.
Chandler moved that the enacting clause of
S. B. 81 Cthe debris-dam bin be stricken out.
Dray called for the previous question.
Goucher raised the point OF order that his mo-
ton had precedence. Ruled out of order, and
Goucher appealed from the decision of the
Chair.
heated argument resulted. Goucher DENYING
that he had withdrawn his motion to recon-
slider. and Others stouty insisting that he had.
Patterson said he was satisfied that the Wal
rath debris-dam bill had gone UP the fiume, and
the methods by which it had been brought about
had not raised ID his estimation some of the
Senators on the floor.
Message from the Governor, announcing his
approval of ), B. $40, requiring the payment of
premiums by insurance companies; also, S. B.
rs, to provide certain Improvements at the
Home for the Deaf, Dumb and Blind; also, S B.
29S, relating TO time and place of holding ses-
sions of Superior Courts; also, S. B. 40S, to pay
the rent of the Hastings College of Law; also, S.
B. 49,, to prevent the Introduction of contagious
diseases.
The roll was called ON sustaining the Chair
and by vote of 10 ayes to 20 noes the Senate re-
fused TO sustain the Chair
In reference TO the question as to whether or
not Goucher had withdrawn his motion condi-
tionally or defnitely-whieh was the subject of
warm debate-it may be stated land should
have been urged by the opponents of the debris
dam bill, while the subject was being discussed)
that Mr.. Gouchers exact words were as follows:
+" Withdraw my notion. Nothing more nor
less occurred at the time, and Senators on both
sides of the question were all at sea- whereas
the whole matter at issue might have been set
tied by having the minutes read
GOucher's motion was then lost ayes Is,
noes %.
Chandler moved to proceed with the consid-
Grafton of the reconsideration of the bill under
consideration.
bill was not before the Senate. Ruled out of
order
Camineth then moved to make the whole
matter the special order for tomorrow morning
at 10 o'clock.
Dray called for the previous question. and
another wrangle ensued.
The Chair ruled that Chambers motion to
strike out the enacting clause was in order
and Caminetd appealed therefrom.
BY vote of - ayes tots noes the Chair was
sustained.
Caminetti moved to adjourn Ruled out of
order and another appeal was taken. The
Chair was sustained-ayes %, noes Is.
The roll was called on the reconsideration of
the bill with the following result:
Ayes-Boggs, Chandler, Clunie, Crandal
Dixon, Dray, Geslord, HinShaw, Langford,
Benahan, Mccarthy, McCudden. Pinder, Rose
Yell-H.
Noes-Abbott, Bowers, Briceland, Byrnes,
Caminetti, Conklin, Crimmins, Goucher, Hall,
Haynes, Jones' Mcdonald, Bieaney, Moffitt,
Murphy, Patterson, Vrooman, Walrath, White
-l9
Walrath changed his vote from no to aye, and
gave notice of motion to reconsider.
Chandler raised the point of order that sec
ond reconsideration could not be had, and the
Chair so ruled.
Caminetti appealed from the decision of the
Goucher moved to adjourn Lost.
Somebody moved a call of the Senate, and the
motion was lost.
Goucher renewed his motion to adjourn
Lost.
Goucher then moved call of the Senate
Lost.
The Chair ordered the roll called on the ap-
peal from the ruling of the Chair on handlers
point of order that a second reconsideration
could not be had.
Goucher moved to adjourn Declared out Of
order, and Caminetti appealed from the decis-
ion. The appeal was lost.
Caminetti moved that recess be taken until
40 P. NJ. So ordered.
Evening Session.
The Senate re-assembled at $50, and Walrath
taking the floor, claimed that the friends of the
debrs-dam bill had the right to demand re-
consideration OF the vote whereby the enacting
Caminetti Endorsed the position. He admitted
that there had been one reconsideration but
the subsequent striking out OF the enaeting
clause opened the road for reconsideration of
Chandler argued that the striking out of the
-enacting clause was the same-both in fact and
seffect-as the defeat OF a bill; There was no
rule of parliamentary law, and no precedent.
for any such action as the friends of the bill de
handed
Dray spoke to the same effect, and instanced
cases in which the same question had been set
tied during the present session. The striking
out of the enacting clause was the death-blow
to the bill, and it could not be resuscitated.
Chandler, in the course of his remarks, re
ferred good naturally to the disposition of law
yers TO twist and turn knotty questions To this
remark Goucher replied in heated language.
The Senate was thrown into a CONFUSION of
laughter, however, when Chandler arose and
said he had no idea that the idtrgers of the Sem
ate would take any oifense at his remark, and
that he utterly diselaimed any intention of in
GLIDING the Mariposa gentleman among the
lawyers He had never dreamed OF him in such
a connection.
The roll was then called on sustaining the
ruling of the Chair-that there could not be a
second reconsideration of the same subject mat
ter. The result was-ayes %, noes Is.
GOucher sent to the deSk-On behalf of Sena-
tors Walrath, Patterson and himself-a protest
against the ruling of the Chair and of the Sen
ate in declaring thst the consideration of Senate
bill 81 was in order after he (Goucherl had
yielded the floor to Senator Chandler, to call up
the reconsideration of the passage of the bill.
He moved that the protest be spread upon the
journal. The document embraced n resolution
expunging from the Journal all proceedings
had IN the matter OF the reconsideration of Sen
ate bill No. 81.
Chandler moved to lay the protest on the
Caminetti raised the point of order that the
document could not be disposed of in that way,
andfthe Chalr rnleu the point Wei TAKEN.
The negro in the brush-piie being dis
covered, the resolution was holly denounced by
several senators, and considerable confusion
ensued.
Gesford briefly scored the authors Of the reso-
luton for attempting to smuggle into the
Journal of the Senate resolution that, in so
many words, caused the Senate to stultify itself
in the action taken on the bill. He did not
deny the right Of any Senator OF number OF
Senators, to protest against any action of the
Senate. but he did deny their right to commit
the Senate to course of procedure that would
make it ridiculous in the eyes Of men.
senator Vrooman said Mr.. President, this is
the first time / have ever heard a voice raised
against the right of petition by any number of
citizens Why, sir, the greatest crying evil
which drove the Puritan fathers from their ma
tive land was that they were denied the right of
petition, and the right of protest Sir. l am
surprised that the Senator from Suffer should
stand here upon this floor and insist that this
protest should not go upon the records. My
mind, sir, goes back 10 lSSS-and there are a few